RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02690

			COUNSEL:  NONE

			HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His discharge due to conviction by court-martial be upgraded to an Honorable discharge. 


APPLICANT CONTENDS THAT:

His dismissal was an absolute miscarriage of justice by a questionable court.  He served as a dental officer in an organization whose patients were being mistreated as a result of poor leadership by the commanding officer.  When he attempted to fight the system, he unfairly received a punishment of hard labor and dismissal. 

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 Aug 72.

On 12 Sep 79, the applicant was tried before a general court martial for violation of Article 90 Uniform Code of Military Justice (UCMJ).  Specifically, he disobeyed a lawful command from his superior commissioned officer to perform his normal patient dental care duties and to see and treat patients as may be assigned to him.  He was found guilty, and sentenced to dismissal from service, confinement at hard labor for one year, and forfeiture of $200 of pay per month for 12 months.  

Under General Court-Martial Order No. 1, dated 19 Feb 81, the Secretary of the Air Force approved the sentence and directed it be executed.  

On 2 Mar 81, the applicant was dismissed from the Air Force, with a narrative reason for separation of “Conviction by Court Martial (other than desertion).”      

A request for post-service information was sent to the applicant on 17 Jul 14 (Exhibit C).  As of this date, no response has been received by this office.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D.    


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice.  The applicant was tried by general court-martial on 12 Sep 79 for refusing to following direct orders and was found guilty.  He was sentenced to be dismissed from the service, to be confined at hard labor for one year, and to forfeit $200 of pay per month for 12 months.  The Secretary of the Air Force approved the sentence on 19 Feb 81.  The applicant argues he attempted to stand up against injustices that were occurring in the dental office by refusing to see patients in “those conditions.”  However, he provides no documentation to support his contention he was trying to protect patients or that his court-martial was orchestrated by a senior officer.  The application is untimely.  To upgrade the applicant’s discharge now would require the Board to substitute its judgment for the judgment rendered by the court and the convening authority over 30 years ago when the facts and the circumstances were fresh.  

A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction    36-2603.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.  

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.


The following members of the Board considered AFBCMR Docket Number BC-2014-02690 in Executive Session on 16 Apr 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Jul 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 17 Jul 14, w/atch.
	Exhibit D.  Memorandum, AFLOA/JAJM, dated 3 Oct 14.
	Exhibit E.  Letter, SAF/MRBR, dated 27 Oct 14.